2013 ORS § 543.014¹
Exemption for wave energy project
  • conditions

A wave energy project is exempt from regulation under this chapter, except as provided in ORS 543.050 (Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records) (3), 543.055 (Hearings and witnesses) and 543.060 (Investigations) if:

(1) The project generates electricity from wave energy;

(2) The project is located within Oregons territorial sea, as defined in ORS 196.405 (Definitions for ORS 196.405 to 196.515);

(3) The nominal electric generating capacity, as defined in ORS 469.300 (Definitions), of the project does not exceed five megawatts; and

(4) A license under the Federal Power Act, 16 U.S.C. 791a et seq., is not required to either construct or operate the project. [2007 c.212 §2; 2009 c.405 §§1,2]

Note: 543.014 (Exemption for wave energy project) was added to and made a part of ORS chapter 543 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.